Civil law, option 2

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Uploaded: 09.08.2016
Content: 444.doc (70 kB)

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Objective 1
The joint venture appealed to the arbitration court against the public limited company for the recovery of the difference value of the last transmitted and received medical equipment sunflower seeds, as well as interest on borrowed money.
The defendant objected to the claim, referring to the fact that the parties had concluded a contract of exchange, so the claim, the plaintiff alleged improper.
As follows from the case, the parties had concluded an agreement under which the company has committed to deliver medical equipment to society in a consistent range and number, and the last to give up his claim to a third party on the execution of the obligations under the supply of sunflower seeds. As the cost of sunflower seed was lower than the cost of medical equipment, the complainant believed he had the right to declare the said requirements.
1. What the contract was concluded under the terms of the problem?
2. What decision should stand trial?

Objective 2
Maximov T. and P. Savelyev went to court with a lawsuit to Grigoriev, which indicated that the defendant 18.03.2005, driving a car "BMW-525", following the street Lizyukova made a collision with a pedestrian Maksimov S. and A. Savelyev result of an accident, both pedestrian close relatives of them were killed. The plaintiffs asked recover from the defendant funeral expenses and compensation in compensation for moral damage.
At the hearing Grigoriev said that the owner of the source of increased danger is Nikolaev, and asked the court to bring him to participate in the case as a respondent. Nikolaev court hearing explained that handed Grigoriev a car to replace the oil and antifreeze. Keys defendant leave to check the vehicle after repair. Permits the use of the car did not give.
1. Who is the owner of high-risk sources?
2. Under what circumstances will the owner of the source of increased danger shall be exempt from liability?
3. What decision should stand trial?

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